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(영문) 서울중앙지방법원 2014.07.11 2013가합66855
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a wedding hall and ancillary service business, and the Defendant is a company that engages in real estate development business, real estate investment advisory business, real estate consulting business, etc.

B. On April 2010, the Plaintiff entered into a service contract: (a) requested the Defendant to introduce a building to be leased in order to operate a wale and a chain, etc.; (b) on June 8, 2010, the Plaintiff entered into a service contract with the Defendant and Gangnam-gu Seoul (hereinafter “instant building”) with respect to the entire lease consulting on the 18,19,20th, and the 19th, 20th, and the 1st, underground floors (hereinafter “instant service contract”); and (c) the main contents are as follows.

Article 1 Details and services: Details of leased consulting services: Scope of the entire leased consulting services under Article 3 of the Act on Lease of the 18, 19, 20th and upper floors of the instant building;

1. To survey an object (to provide a list of leased objects);

2. Analysis of rights (the identification and analysis of matters of rights other than ownership and ownership);

3. Adjustment of the price and terms and conditions of the contract (Adjustment for the fixed price, and adjustment of detailed terms and conditions of contract);

4. Conclusion of a contract (Preparation of a contract and other matters);

5. Conditions and limitations on the payment of service fees as an agent under Article 6 of the post-management (support for necessary matters to the balance after a contract and all matters to the occupancy and use thereof);

1. The Plaintiff must pay to the Defendant a fee of KRW 100 million (excluding value-added tax) with the service agency fee.

2. Service agencies shall pay the full amount (100%) when concluding a lease contract in cash.

On June 30, 2010, when this lease agreement between a lessor and a lessee becomes effective, it shall be paid immediately.

C. On June 8, 2010, the Plaintiff entered into a real estate lease contract and paid service charges. (1) On June 8, 2010, the Plaintiff is a comprehensive social gathering construction company (hereinafter “comprehensive social gathering construction company”).

The lease deposit amount of 2,00,000,000, monthly rent of 76,206,60,600, monthly rent of 76,200, and monthly management expenses of 42,65,665.

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